Thomas gets 10-30 yrs., then arraigned on other charges

Christina Thomas was sentenced Monday to 10 to 30 years in prison for withholding food from a child under her care over the course of several years. The deprivation caused serious injury to the child.

By Liz Markhlevskayalmark@fosters.com

DOVER — Christina Thomas was sentenced to 10 to 30 years in prison for withholding food from a child under her care over the course of several years.

Thomas, 34, of New Durham, was convicted on a first-degree assault charge in February, for failing to provide proper nutrition to a young boy, between 2006 and 2010, causing serious injury to the child.

During Monday's sentencing hearing at Strafford County Superior Court, Judge John Lewis gave Thomas the maximum possible sentence for the charge — Thomas will be eligible for parole in 10 years, but it will be up to the Department of Corrections whether to release her from prison at that time, or to keep her in prison for up to three decades, said Deputy County Attorney Alysia Cassotis.

The young victim in the case was the son of Thomas' former friend, who lived at Thomas' Birch Hill Road home in New Durham for several years with the child. During a three-week trial in February, witnesses testified that Thomas appeared to be a primary caretaker for the boy, who was abused and deprived of food, even as he cried of hunger.

According to Cassotis, at the age of 6½ the boy weighed about the same as when he was 10 months old.

Thomas in her letter wrote that her six biological children are missing her, and that she would like to be there for events like graduations and one of her sons going into the military in August.

“All we want is to get our family back together,” Thomas wrote.

The young boy's adoptive father, who wished not to be identified to protect the victim's identity, also read a letter he prepared for the sentencing hearing.

“(Thomas') legacy is one of hate, cruelty, and violence,” he said. “It takes a lot of abuse to get where (the victim) was. At night he tells us scary things ... he tells us how it is to be hungry ... to be ignored repeatedly.”

He said that after the boy began living with the adoptive parents, who nurtured him with food and love, “(the boy) grew like a weed” over the course of a year.

The victim's biological mother also read a letter, stating that while she feels bad that Thomas' children will be deprived of their mother, it was Thomas' own actions that led to the charge and conviction. The biological mother also stated that she, herself, was wrong in letting her child live at Thomas' home for so many years, and while it was difficult for her to relinquish her parental rights, having the boy live with adoptive parents is best for the boy.

She told Foster's that she still sees her son occasionally.

Keable during Monday's hearing read letters from two of Thomas' friends, who described her as selfless and caring. A letter from Thomas' husband stated that her 4-year-old daughter still cries for her, and a letter from one of her sons stated, “I miss her ... Please let my mother be there for me.”

Thomas' aunt also addressed Judge Lewis, stating that she watched Thomas play with the young boy and feed him, and that Thomas did not believe in physical punishment.

During Thomas' recent psychological evaluation conducted for the sentencing hearing, Dr. Thomas Burns diagnosed Thomas with borderline personality disorder. Thomas' defense attorney said that the diagnosis should be considered as a factor that could reduce her sentence, but Cassotis argued differently. She said that Thomas' personality disorder was not the reason she starved the young boy, and noted that she was able to be a caring friend and a loving mother, but not when it came to that one victim, who is now about 9 years old.

“This isn't just a one-time incident. This is starving a child over a period of years,” said Cassotis. “It's time she is held responsible for what she did to this child … I think it's amazing that he was fortunate enough to survive … This is a crime that cries out for a maximum sentence.”

The maximum sentence for Thomas' first-degree assault charge was enhanced, because the victim in the case is a child, according to Cassotis. Typically, the charge, which is a Class A felony, carries a maximum sentence of 7½ to 15 years in prison.

After the court hearing, the boy's biological mother told Foster's her son is now doing great living with his adoptive parents, and that she is happy with the judge's decision.

“She deserves what she got,” she said about Thomas's sentence.

The identity of the victim's mother is not being identified by Foster's to protect the child's identity.

While Keable on Monday recommended that Thomas be sentenced to 2½ to 10 years in prison, Judge Lewis went with the state's recommendation of 10- to 30-year sentence.

As he was delivering his sentence Monday, Lewis stated that while other people were also responsible for what happened to the boy, it doesn't detract from Thomas' “reprehensible” treatment of the boy. The punishment, he said, “has to be harsh.”

“You need structure, whether you agree with me or not,” he told Thomas. “It's not the end of the world to be 44 (years old) when you get out.

Lewis also addressed Thomas' suicide attempt this spring, while she was being held without bail at Strafford County jail. He said that committing suicide would not help her children in any way.

Thomas on Monday was also ordered not to have contact with the victim, his adoptive parents, or his biological mother. In addition, she will receive mental health counseling and education, as recommended by her parole officer and Department of Corrections, said Cassotis.

“This was an emotional case for everyone,” she said.

Thomas, who has other charges in connection to the case, will be able to appeal her sentence, said Lewis.

After Monday' sentencing hearing, Thomas was arraigned on felony charges of perjury and falsifying physical evidence — offenses she is alleged to have committed during her trial in February.

The grand jury indictments issued in June allege that she committed perjury by falsely testifying that she did not tell her former boyfriend, and father of two of her children, that he would never see his kids again if he didn't come to court to testify. The falsifying physical evidence indictment alleges she made one of her sons unavailable to testify in court.

For the perjury and falsifying physical evidence charges, a plea of not guilty was entered on Thomas' behalf, as Thomas did not yet have a lawyer assigned to represent her on those charges.

In addition, Thomas has a pending criminal threatening charge, for allegedly putting a knife to the throat of the boy's biological mother, and at least two pending simple assault charges, said Cassotis.

She said separate trials will take place for Thomas' other pending charges.